In an east Texas car accident case, the plaintiff has the burden of proving that the defendant’s negligence caused the accident in which the plaintiff was injured. If the plaintiff does not meet his or her burden of proving negligence by a preponderance of the evidence, he or she will not be entitled to recover money damages.
Sometimes, certain aspects of a case may be adjudicated prior to a jury trial. For instance, if there is not a genuine issue of material fact regarding which party’s failure to meet the applicable standard of care caused the crash, summary judgment may be granted as to the issue of liability.
However, the granting of such a motion is subject to appellate review, if the defendant choses to pursue an appeal. If the appeals court disagrees with the result reached by the trial court, the matter may be reversed and remanded for further proceedings.